Drew, R. v [2024] EWCA Crim 1537 (19 November 2024)

Drew, R. v [2024] EWCA Crim 1537 (19 November 2024)

The sentencing judge failed to follow proper procedure for sentence indication, gave excessive credit for guilty pleas, and insufficiently aggravated the sentence for multiple high culpability and aggravating features. The sentences imposed were unduly lenient and fell outside the reasonable range for such offending, requiring immediate custody.

Citation
[2024] EWCA Crim 1537
Parties
Prosecution: Rex; Respondent: Aiden Christopher Drew
Jurisdiction
England and Wales
Judgment Date
19 November 2024
Procedural Posture
Attorney General's Reference Under S.36 Criminal Justice Act 1988 / Appeal Against Sentence
Outcome
Appeal allowed; sentences quashed and substituted
Legal Topics
Sentencing, Unduly Lenient Sentences, Domestic Abuse, Intentional Strangulation, Controlling or Coercive Behaviour
Criminal Law Sentencing Unduly Lenient Sentences Domestic Abuse Intentional Strangulation Controlling or Coercive Behaviour

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Parties

Rex

Prosecution

Aiden Christopher Drew

Respondent

Procedural Posture

Attorney General's Reference Under S.36 Criminal Justice Act 1988 / Appeal Against Sentence

Legal Issues

  1. 1 Whether the sentences imposed were unduly lenient
  2. 2 Proper application of sentencing guidelines for controlling/coercive behaviour and intentional strangulation
  3. 3 Appropriate credit for guilty pleas

Ratio Decidendi

The sentencing judge failed to follow proper procedure for sentence indication, gave excessive credit for guilty pleas, and insufficiently aggravated the sentence for multiple high culpability and aggravating features. The sentences imposed were unduly lenient and fell outside the reasonable range for such offending, requiring immediate custody.

Court Disposition

Appeal allowed; sentences quashed and substituted

Orders

  • On count 1: 2½ years' imprisonment
  • On count 4: 18 months' imprisonment, concurrent and immediate